Property developers to fix Mascot unit block fire safety issues before owners move in

Property developers behind an apartment complex in Sydney’s east have been directed to fix a number of serious fire safety issues the owners claim their units.

Property developers behind an apartment complex in Sydney’s east have been ordered to fix serious fire safety issues before apartment owners set foot in the building.

In a move that has potentially saved 25 future apartment owners tens of thousands of dollars each, NSW Building Commissioner David Chandler has given developers Fitz Jersey 28 days to fix a number of ­serious fire safety issues in an eight-storey apartment block in Mascot.

The catch is apartment owners won’t get the rooftop space previously planned.

The developers have also been prevented from obtaining an ­occupation certificate for the Gard­eners Rd property until the problems are fixed.

NSW Building Commissioner David Chandler.

This has prevented the developers from settling on any apartments purchased off the plan, ensuring responsibility for rectification works remain with them and builders Stonehenge Construction (Aust) Pty Ltd.

A spokesman for the NSW Office of the Building Commissioner said “the prohibition order is an example of the NSW Government’s new powers working exactly as intended”.

“Inspectors will step in and impose these orders in cases where they have reason to believe an apartment development may have serious defects,” the spokesman said.

“These decisions are not taken lightly, but the NSW Government will do whatever it takes to protect the interests of buyers in new apartment developments.”

This building on Gardeners Rd in Mascot. Picture: Christian Gilles

In a letter to Bayside Council in December, Zouk Architects asked the council to change the use of roof communal open space (currently ­accessible by occupants of the development) to a roof area with restricted use for maintenance purpose only.

“This is mostly due to fire hazard, security and safety issues of having an isolated communal open space loca­ted on a high wind and exposed elevated area,” the letter said.

Bayside Council planning documents reveal the private certifier for both the fit out and construction of the overall development was Steven Saad.

The Mascot unit building developers have been ordered to fix major fire safety issues. Picture: Christian Gilles

The Mascot construction site. Picture: Christian Gilles

In 2018 Mr Saad was fined $15,000 by NSW Fair Trading after he issued construction certificates for a change of building use “which did not comply with BCA fire safety requirements”.

He did not respond to requests for comment.

A lawyer representing the developer said “they are working to fix the problems as soon as possible”.

“At this stage my clients have no intention of selling apartments,” he said.

The prohibition order is the second issued since the NSW Building Commissioner’s new powers came into effect September last year.

They are aimed at ensuring future apartment owners are not saddled with the responsibility of fixing serious defects in the building after moving in.